Living Wills

A Living Will allows you to make the decision of whether life-prolonging medical or surgical procedures are to be continued, withheld, or withdrawn, as well as when artificial feeding and fluids are to be used or withheld. It allows you to express your wishes prior to being incapacitated. Your physicians or health care providers are directed by the Living Will to follow your instructions.

On 25 February 1990, 26-year-old Terri Schiavo suffered severe brain damage when her heart stopped for five minutes. Schiavo spent the following years in rehabilitation centers and nursing homes but never regained higher brain function. In 1998 her husband, Michael Schiavo, filed a legal petition to have Schiavo's feeding tube removed, saying that his wife had told him before her medical crisis that she would not want to be artificially kept alive in such a situation. Terri Schiavo's parents, Bob and Mary Schindler, fought this request. Florida judge George W. Greer ruled in 2000 that Schiavo was "beyond all doubt" in a persistent vegetative state and that her husband could discontinue life support. But as legal appeals in the case continued, the case became widely known as some religious groups and pro-life activists began to insist that Schiavo should be kept alive. Schiavo's feeding tube was removed in 2003, but reinserted six days later when the Florida legislature passed "Terri's Law," which allowed the state's governor to issue a stay in such cases. The law was later ruled invalid by the courts. In March of 2005 Schiavo's feeding tube was again removed, and the case became a greater public sensation when the U.S. Congress was called into special emergency session to pass a bill allowing federal courts to review the case, with President George W. Bush flying from Texas to Washington especially to sign the bill into law. However, federal judges and the U.S. Supreme Court refused to intervene. After two weeks without food and water, Schiavo died on 31 March 2005.

Terri Schiavo didn't have a living will. But because of her, thousands of other Americans won't make that same mistake.
Attorneys and organizations that promote the importance of living wills and advance directives say the bitter legal battle over the severely brain damaged woman has led many people to put their end-of-life wishes in writing. Paula and I have done just that.Our love for each other, that as of this writing has lasted more than 40 years, precludes us from putting either of us or our children through a repeat of the nasty and morally nauseating Terri Schiavo case.

 Do You Need A Living Will?

Here is a simple Living Will template you can use. Or you can get the MSWord file here. Simply modify it to fit your particular wishes, get all the appropriate signatures and file it away. Be sure to let everyone you deem necessary know where you keep it and let as many people as you would like know what it says.

DECLARATION AS TO MEDICAL OR SURGICAL TREATMENT

I(Insert full name), being of sound mind and at least eighteen years of age, direct that my life shall not be artificially prolonged under the circumstances set forth below and hereby declare that:

  1. If at any time my attending physician and two other physicians certify in writing that both of the following are true:
    1. I have an injury, disease or illness which is not curable or reversible and which, in their judgment, is a terminal condition; with terminal condition being defined as an incurable and irreversible condition caused by injury, disease, or illness, which would cause death within a reasonable period of time.
    2. For a period of seven consecutive days or more, I have been unconscious, comatose or otherwise incompetent so as to be unable to make or communicate responsible decisions concerning my person; then I direct that, life-sustaining procedures shall be used pursuant to the terms of this declaration.
  2. In the event that item 1) above is applicable, I direct that the following actions be taken:

    3. All artificial means including but not limited to Cardiopulmonary Resuscitation, Artificial Respiration (including a respirator), and artificial means of providing nutrition, hydration and pain relief shall be utilized for a minimum of 5 consecutive years.

  3. In the event that 5 consecutive years have passed from the date of written physician's certification specified in Item 1) and the conditions specified in item 1) above remain applicable, I direct that the following actions be taken:

    4. All artificial means shall be removed and all life-sustaining procedures shall be discontinued except for those medications, procedures and interventions needed to provide comfort or alleviate pain.

  4. I execute this declaration as my free and voluntary act this day of, in this year of

 By__________________________________________________

 The foregoing instrument was signed and declared by (Insert full Name)to be his/her declaration, in the presence of me, who in his/her presence, in the presence of each other, and at his/her request, have signed my name below as a witness, and declare that, at the time of the execution of this instrument, the declarant, according to my best knowledge and belief, was of sound mind and under no constraint or undue influence.

Dated at         , this day of        , in the year             .

(Signature of Witness)

(Printed Name of Witness)

Address of witness:

 

 

MEDICAL DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS

  1. I, (Insert full name), Declarant, hereby appoint:

    2.  

    Name of Agent:

    Agent’s Home Telephone Number:

    Agent’s Work Telephone Number:

    Agent’s Home Address:

    as my agent to make health care decisions for me if and when I am unable to make my own health care decisions. This gives my agent the power to consent, to refuse or stop any health care, treatment, service or diagnostic procedure. My agent also has the authority to talk with health care personnel, get information and sign forms necessary to carry out those decisions. This does not give my agent authority to make health care decisions that are contrary to my signed Declaration as to medical or surgical treatment (Living Will).

    If the person named as my agent is incapacitated, not available or is unable to act as my agent, then I appoint the following person(s) to serve in the order listed below:

Agent Names:

Telephone Numbers

By this document I intend to create a Medical Durable Power of Attorney which shall take effect upon my incapacity to make my own health care decisions and shall continue during that capacity.

My agent shall make health care decisions as I have directed in my signed Declaration as to medical or surgical treatment (Living Will). If decisions are required that I have not directed in my signed Declaration as to medical or surgical treatment, my agent shall base his/her decision on what he/she believes to be in my best interest.

BY SIGNING HERE, I INDICATE THAT I UNDERSTAND THE PURPOSE AND EFFECT OF THIS DOCUMENT.

 

SIGNATURE OF PERSON CREATING MEDICAL DURABLE POWER OF ATTORNEY (DECLARANT)

DATE:

WITNESS:

Signature:                                                    Printed Name:                                      

Home Address:                                                            

Date:                    

 

Notary Public Affirmation (Optional)

STATE OF COLORADO, County of ___________________________

Subscribed and sworn to or affirmed before me by ____________________, the declarant, and

_____________________, and ______________________________, witnesses, as the voluntary act and deed of the declarant, this ______________ day of __________________, in the year ___________. My commission expires:___________________________________________

 

Notary Public Seal

 

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